ISSUE DATE:
May 26, 2025
CASE NO.:
OLT-24-000417
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
DICO Developments Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit a residential apartment building
Reference Number:
PLOP-ZB-2022-144
Property Address:
40 Cayuga Street
Municipality/UT:
Caledonia/Haldimand
OLT Case No.:
OLT-24-000417
OLT Lead Case No.:
OLT-24-000417
OLT Case Name:
DICO Developments Inc. v. Haldimand (County)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S. 1990, c. P.13, as amended
Applicant and Appellant:
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a residential apartment building
Reference Number:
PLOP-ZB-2022-144
Property Address:
40 Cayuga Street
Municipality/UT:
Caledonia/Haldimand
OLT Case No.:
OLT-24-000418
OLT Lead Case No.:
OLT-24-000417
BEFORE:
ERIC S. CROWE
Monday, the 26th
MEMBER
day of May, 2025
Page 1
THIS MATTER, in respect of the lands at 40 Cayuga Street in Haldimand County, having come for a Case Management Conference on August 8, 2024 before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued a Decision on August 20, 2024; and
THE TRIBUNAL having been advised by Dico Developments Inc. and Haldimand County (“the Parties”) that a full uncontested settlement had been reached, on consent;
AND THE TRIBUNAL, having received and considered:
i. A comprehensive Affidavit, including the attached exhibits sworn on May 15, 2025 by Stephanie Mirtitsch, a Registered Professional Planner and full member of the Canadian Institute of Planners;
ii. The Minutes of Settlement as between the Parties.
AND THE TRIBUNAL, having accepted the uncontradicted expert land use planning opinion evidence of Stephanie Mirtitisch with respect to the Zoning By-law Amendments (“ZBA”) before the Tribunal in relation to lands known municipally as 40 Cayuga Street, and finding that the ZBA, and the proposal they would facilitate are consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario and the Official Plan Policies of Haldimand County, including the Provincial Planning Statement 2024, and is keeping with the general intent of Haldimand County Comprehensive Zoning By law (HC 1- 2020);
AND THE TRIBUINAL, having heard and accepted the evidence that as a result of the Revised Development Concept, and the County’s 2024 Official Plan update, an OPA is no longer required. The amended Official Plan no longer includes the density policies that were proposed to be amended for the Revised Development Concept;
AND THE TRIBUNAL finding that the requested ZBA, as revised by the settlement agreement, meet the required legislative tests, represent good planning, are in the public interest, and warrants approval;
NOW THEREFORE
Page 2
THE TRIBUNAL MAKES AN ORDER THAT the Applicant’s appeals pursuant to subsections 34 (11) of the Planning Act are allowed and that:
The ZBA is approved in accordance with Attachment 1 attached hereto;
The appeal and the application of the OPA is withdrawn and the file is closed;
The Tribunal may be spoken to should any matters arise respecting the implementation of this Order.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
Page 3
ATTACHMENT 1 ZONING BY-LAW AMENDMENT
THE CORPORATION OF HALDIMAND COUNTY
By-Law Number /25
Being a by-law to amend the Comprehensive Haldimand County Zoning By- law HC 1-2020, as amended in the name of DICO Developments Inc.
WHEREAS this by-law is enacted in accordance with Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, which provides that Council may pass zoning by-law for the purpose of land use control and related administration
AND WHEREAS this by-law conforms to the Haldimand County Official Plan;
NOW THEREFORE, the Council of The Corporation of Haldimand County enacts as follows:
THAT this by-law shall apply to the subject lands known municipally as 40 Cayuga Street, in the community of Caledonia, in Haldimand County and being shown on Map ‘A’ attached hereto to form a part of this by-law
THAT Schedule “A ” of Haldimand County Zoning By-law HC 1-2020 as amended, is hereby amended by changing the zoning of the subject lands shown on Map ‘A’ and B, attached hereto to form a part of this by-law, from ‘Urban Residential Type 1-A (R1- A)’ to ‘Urban Residential Type 6 (R-6)”.
THAT Schedule “A” of By-law HC 1-2020, as amended, is hereby further amended by delineating the subject lands on Map “A” and “B”, (attached to and forming part of this by-law) as having reference to Subsection 6.4.6.1.
THAT the following subsection 6.4 Special Exceptions is hereby further amended by adding the following:
6.4.6.1 R6.1 That on lands delineated as having reference to this subsection the following provisions shall apply:
i. Maximum Building Height: 6 storeys
ii. Maximum Number of dwelling units: 99 dwelling units
iii. That the 6th floor shall have a minimum step back of 4 metres from the exterior wall of the 5th floor adjacent to Park Street. .
iv. Parking rate for Apartment Dwelling shall be 1.18 spaces for each dwelling unit,
v. Minimum landscape strip with a minimum width of 1.5 metres shall be provided
- THAT this by-law shall come into force in accordance with the provisions of the Planning Act.
ENACTED this of , 2025
MAYOR
CLERK
PURPOSE AND EFFECT OF BY-LAW NO. X /25
This by-law affected lands legally described as Caledonia Plan 51, Lots 80 to 89, and municipally known as 40 Cayuga Street, Caledonia, Haldimand County.
The purpose of this by-law is to amend the zoning of the subject lands from ‘Urban Residential Type 1 A (R1-A)’ to ‘Urban Residential Type 6 (R-6) with Special Exception R6.1 to facilitate the development of the subject lands for an apartment dwelling that is a maximum height of 6 storeys; a maximum of 99 dwelling units; with a step back of a minimum of 4 metres above the 5th floor.
The property is subject to Site Plan Control.
FILE: PLOPZB2022144 ROLL:2810.151.004.06500.0000
APPLICANT: DICO Developments Inc.
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